15 Things You're Not Sure Of About Federal Employers Workers Compensation Vs Federal Employers? Liability

If railroad workers suffer injuries at work, they are faced with particular legal challenges. Railroad workers, unlike other workers' compensation laws, have the right to sue employers in accordance with federal law. This is the Federal Employers' Liability Act.

To win a FELA claim railroad workers must demonstrate two things. First the injury must be proven to be caused by their employer's negligence.

Workers' Compensation vs. FELA

Workers' compensation and FELA are both designed to compensate employees who suffer work-related injuries or illnesses. However they differ in few ways. FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a variety of jobs in the private and public sectors. FELA and workers' compensation are also different in terms of who determines the fault and the way in which damages are awarded and the manner in which cases are decided.

FELA was passed because the risk of injury for railroad workers is very high. Congress passed this law to protect workers as well as their families and themselves in the event of an accident on the job. To receive compensation under FELA the worker must show their employer has violated a federal law or regulation related to safety in the workplace. Examples include violations of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.

FELA also provides compensation for suffering and pain that are not covered by workers' comp. Contrary to a workers' comp claim, which is generally restricted to a maximum amount based on the severity of injuries however, a FELA claim may seek compensation for non-economic losses, such as emotional distress and loss of enjoyment life.

Another difference between FELA and workers' compensation is that to be eligible for compensation under FELA the worker must prove that the employer was at a minimum partially responsible for their injuries. If a worker is found to be at fault for their injuries the amount of their damages could be reduced. For example, if a worker was instructed to do something that was against company policy and they suffered injuries in the process the company could be held 50% responsible for their injuries.

Workers' compensation cases have shorter timeframes to make a claim. In a FELA claim, the statute is three years from the time your injury occurred, whereas in a workers' comp case, it's one year. It is therefore important to speak with an FELA lawyer with experience as soon as you can after your injury.

FELA Vs. State Law

If a railroad employee is injured while at work the employee can file a claim either under the Federal Employers Liability Act or workers compensation. In contrast to the workers' compensation laws which offer benefits regardless of who was at fault for the injury, FELA is a liability statute. Consequently, a successful FELA claim requires evidence that railroad negligence was at play and that the negligence contributed to the injury of the worker.

The FELA was enacted in 1908, and was designed to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Before the enactment this law, railroad employee accident and death rates were high. This sparked the need to provide railroad workers with comprehensive coverage, which exceeds workers' compensation law.

A FELA lawsuit must be filed in federal courts because the FELA was passed by Congress. FELA claims can be filed in state court. In a recent instance from Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was liable for the FELA.

FELA claims are similar to workers compensation claims in that they cover lost wages, medical expenses and pain and suffering damages. These damages are based on the notion that a railroad was liable for the injury or death due to its negligence or a violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA plaintiff must show that the injury, or death, was caused in part or in totality due to the negligence.


FELA cases have improved tort law by establishing of precedents for issues such emotional distress in the railroad and damages allocation as well as working conditions standards. FELA claims, in particular, have brought federal attention to a non-delegable employer's duty to provide a safe working environment for its workers. This includes off-site locations like hotels that are private, which railroad employees may stay when traveling for business. A good railroad attorney can assist an injured railroad worker obtain the full benefits to which they are entitled to under FELA.

FELA Vs. State Workers' Compensation Laws

If a worker is injured while working and suffers an injury on the job, they can apply for workers compensation benefits or sue his employer under FELA. While both laws offer similar benefits, including medical coverage, cash payouts and loss of future earnings, they differ in important ways.

Contrary to workers' compensation which allows employees to file a claim without proving that their employer was at fault, FELA requires the injured railroad worker to prove that their employer violated an unconstitutional safety law which caused their injuries. This includes laws such as the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than a workers' compensation claim due to the fact that the evidence of negligence must be presented.

Additionally, FELA cases allow injured railroad workers to take their case to a jury trial and have their case determined by a group of their colleagues rather than the administrative authority who oversees workers' compensation claims. FELA does not restrict the amount of compensation an injured worker can receive, while workers' compensation claims do.

The distinction between these two statutes is crucial to be aware of, especially for railroad employees who are exempt from state workers' compensation laws and are required to pursue their claims through FELA. If you or a loved one was injured as a railroad employee it is crucial that you speak with experienced FELA lawyers.

Grossman Law Offices can help you understand the differences in the state laws governing workers' compensation and FELA. Contact us today to speak with a lawyer. We are prepared to help you maximize the benefits available under FELA. To find a reputable Designated Legal Counsel (DLC) firm click here to be taken to the National Division BLET website. Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer free consultations and are available to discuss your case by phone or in person. Our attorneys are on a contingency basis, meaning that you won't be charged unless we prevail.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Unlike workers' comp, which pays an amount that is fixed regardless of the fault, FELA cases will be determined by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to financial compensation, FELA provides for medical expenses and lost earnings (including future earning capacity), death benefits, as well as pain and suffering. Workers compensation, on the contrary, provides temporary medical care and a predetermined amount of money to cover long-term disability which is usually less than what a worker has lost.

The FELA law applies to railroads that are involved in interstate or global commerce. It allows injured employees, as well as their families to sue their employers for damages directly resulting from the negligence of the company. This LibGuide is a good place to start your research. The LibGuide provides links to online resources on the Villanova Law Library website. Access to certain resources may require a password.

This LibGuide was created to aid in the study of Villanova Law students. Nothing in this guide should be taken as legal advice. Consult an attorney if you require additional assistance.

Many people do not realize that FELA is a distinct piece of legislation that provides special protections to railroad workers. Although many believe that FELA and state workers' compensation laws are alike, they are very different. Injured railroad workers need to be aware of the differences between the two kinds of claims to ensure that they can get the best representation. In fela attorneys of an injury, a qualified lawyer can assist the injured employee or family members of a deceased railroad worker to comprehend the various types of damages that they can claim in their claim. This will enable the injured worker to get the maximum amount of compensation under FELA. If you're a railway worker injured while on the job, consult a firm of Designated Legal Counsel.